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by Admin
07 May 2024 2:49 AM
In a significant ruling, the Delhi High Court granted a divorce to the appellant, Pramod, on the grounds of cruelty by the respondent, Umesh @ Poonam, under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
The Court focused on the concept of cruelty in matrimonial life, as defined by various Supreme Court judgments. The assessment revolved around whether the conduct of one spouse subjected the other to mental or physical cruelty, sufficient to disrupt marital obligations.
The appellant, Pramod, married the respondent in 2007, facing a tumultuous marital relationship marked by allegations of dowry demand, physical abuse, and frequent abandonment of the matrimonial home by the respondent. The case involved considerations under Sections 498A, 323, and 406 of IPC, with the appellant seeking dissolution of marriage citing cruelty.
The Court extensively reviewed testimony and evidence, examining instances of marital discord, living arrangements, and the impact of uncorroborated allegations. The appellant’s efforts to maintain matrimonial harmony and the respondent’s resistance were noted, alongside the respondent’s repeated departures to her parental home. The Court took into account the acquittal of the appellant in the dowry demand case and recognized the mental strain and reputation damage inflicted upon him by these grave but unsupported allegations.
The High Court set aside the Family Court’s judgment, concluding that the appellant had indeed been subjected to cruelty by the respondent. The Court thereby granted the dissolution of marriage under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
Date of Decision: March 01, 2024.
Xxx vs xxx
